Kerala High Court
Benny K.T vs The District Collector on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 874 OF 2021
PETITIONER:
BENNY K.T.
AGED 50 YEARS
S/O.THOMAS, KUNALIL HOUSE, KUMARANELLUR P.O.,
WADAKKANCHERY, THRISSUR, PIN-680 590.
SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENTS:
1 THE DISTRICT COLLECTOR
THRISSUR, PIN-680 003.
2 THE DISTRICT SURVEY SUPERINTENDENT,
CIVIL STATION, AYYANTHOLE P.O., THRISSUR, PIN-680 003.
3 THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, CHEMBUKKAVU P.O.,
THRISSUR, PIN-680 020.
4 THE ASSISTANT EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, KUMARANELLUR P.O.,
WADAKKANCHERY, THRISSUR, PIN-680 590.
5 THE ADDITIONAL TAHSILDAR,
THALAPPILLY TALUK OFFICE,
WADAKKANCHERY P.O.,
THALAPPILLY, THRISSUR,
PIN 680 582
6 ADDL.R6. ITTICHAN,
PORATHOOR VILLAGE, WADAKKANCHERRY P.O., THIRISSUR, PIN-
680582. * (DELETED)** ADDL.R6 IS DELETED FROM THE PARTY
ARRAY AS PER ORDER DATED 30-07-2021 IN IA 2/2021
7 ADDL. R7. NAIR SERVICE SOCIETY,
REPRESENTED BY ITS SECRETARY, NSS BUILDING,
WADAKKANCHERRY, THRISSUR-680582.
WP(C) NO. 874 OF 2021
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8 ADDL. R8. JOSEPH,
CHITTILAPILLY HOUSE, WADAKKANCHERY P.O.,
THRISSUR-680582.
9 ADDL. R9. FRANCIS,
VARU SONS, PANAYANGADAN HOUSE, WADAKKANCHERY
P.O., THRISSUR-680582.
10 ADDL. R10. DR. K.S. SREENIVASAN,
KODAKATIIL HOUSE, WADAKKANCHERY P.O., THRISSUR-
680582.
11 ADDL.R11. JOVIAL,
JOVIAL ELECTRONICS, KOTTILIL HOUSE,
WADAKKANCHERRY P.O., THRISSUR-680582.
12 ADDL. R12. RAJESH,
SHASTHA MEDICALS, KECHERI HOUSE, WADAKKANCHERRY
P.O., THRISSUR-680582.
13 ADDL. R13. BACKER,
THOTTUNGAL PEEDIKAYIL HOUSE, WADAKKANCHERRY
P.O., ERATTAKULANGARA, THRISSUR-680582.
14 ADDL. R14. RAJASEKHARAN,
KADAMPATTU HOUSE, WADAKKANCHERY P.O., THRISSUR-
680582. ** (DELETED)** ADDL.R14 IS DELETED FROM
THE PARTY ARRAY AS PER ORDER DATED 30-07-2021
IN IA 2/2021.
15 ADDL. R15. SANKARA NARAYANAN,
MINU MART BUILDING, OATTUPARA, KUMARANELLUR
P.O., PIN-680590.
16 ADDL. R16. UNNIYANKUTTY,
PATTAPURAM, VIRUPPAKKA P.O., THRISSUR, PIN-
680589.
17 ADDL. R17. SATHAR,
ARANGATHUPARAMBIL, OPPOSITE BOYS SCHOOL,
WP(C) NO. 874 OF 2021
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WADAKKANCHERY, KUMARANELLUR P.O., PIN-680590.
18 ADDL. R18. THAMPI,
BLENDING PLAZA BUILDING, WADAKKANCHERY P.O.,
THRISSUR-680582.
19 ADDL. R19. VINOD,
PARAYIL HOUSE, ENKEKAD P.O., AKAMALA, THRISSUR-
680589.
20 ADDL. R20. SAITHALAVI,
KINARAMACHIL, OATTUPARA, PARUTHIPRA,
KUMARANELLUR P.O., THRISSUR-680590.
21 ADDL. R21. JACOB,
KIZHAKKOODAN HOUSE, DOCTORS CLINIC, OATTUPURA,
KUMARANELLUR P.O., THRISSUR-680590.
(ADDITIONAL R6 TO R21 ARE IMPLEADED AS PER
ORDER DATED 18/01/2021 IN IA 1/2021)
SRI.P.GOPAL
SRI.R.SANJITH
SMT.C.S.SINDHU KRISHNAH
SMT. SURYA BINOY- SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 874 OF 2021
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JUDGMENT
The petitioner alleges that the official respondents are
not taking action to remove the encroachments on the
Thrissur - Shornur Sate Highway and he concedes that he
was also in possession of such land, but had voluntarily
surrendered it. The petitioner says that even though
the work on the Highway has been going on from the year
2004, no action has been taken to remove the encroachments
or to construct drainage on the sides of the said road; and
thus prays that the official respondents be directed to
immediately measure the road "puramboke" from
"Wadakancherry Railway Station" to "Akamala Shasthavu
Temple", based on old survey records and to remove all the
encroachments, under the provisions of the Land
Conservancy Act.
2. The petitioner has also sought that the construction
of the drainage canal through the above stretch be directed
to be completed forthwith and further that the first
respondent be ordered to consider Ext.P2 and recommend
vigilance enquiry against the "erring" officials.
WP(C) NO. 874 OF 2021
3. When this matter was called today, the learned
Senior Government Pleader - Smt.Surya Benoy, submitted
that the apprehensions of the petitioner are completely
unfounded and that necessary action has already been
initiated for the purpose of demarcating the Government
property and removing encroachments from it, under the
provisions of the Land Conservancy Act; and that the action
against the party respondents have already been begun and
will be found to have trespassed into such land. She added
that the work on the drainage is still going on and that the
entire process will be completed, after following due
procedure and after necessary notices being issued to the
party respondents, without any further delay.
4. As regards Ext.P2 is concerned, the learned Senior
Government Pleader submitted that the petitioner's prayer
for a vigilance enquiry against the "erring officials" is
unnecessary since every official concerned has appositely
contributed to the work, which is going on; but that it is on
account of certain extenuating and unavoidable
circumstances that there has been some delay.
5. The various counsel appearing for the party
WP(C) NO. 874 OF 2021
respondents asserted that their clients are not in
encroachment over Government land and that they will
comply with the lawful procedure, if any, taken against them
under the Land Conservancy Act; however, praying that their
legitimate remedies be not foreclosed by this Court.
6. In the afore circumstances, I allow this writ petition
and direct the competent among the official respondents to
ensure that the work with respect to the widening of the
Thrissur - Shornur State Highway, as also the construction of
the drainage through the stretch mentioned above, is
completed as expeditiously as is possible, but not later than
six months from the date of receipt of a copy of this
judgment.
7. Needless to say, if any of the party respondents or
any other person is found to be in encroachment of
Government land, necessary action will be completed against
them under the Land Conservancy Act, after following due
procedure and after affording them necessary opportunities
of being heard and of producing documents in their favour.
As regards the petitioner's request for vigilance action
against the "erring" officials is concerned, I do not think it
WP(C) NO. 874 OF 2021
will be necessary for this Court to pass any specific orders
with respect to the same and I leave it open to the petitioner
to invoke his other remedies, as may be available to him, for
such purpose.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 874 OF 2021
APPENDIX OF WP(C) 874/2021
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOGRAPHS SHOWING THE PWD SURVEY STONES
AND CONSTRUCTION OF DRAINAGE CANAL.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 11.12.2020.
